When it comes to a personal injury case, there are two types of damage that a victim can seek: compensatory and punitive. The term compensatory is used to describe damages that are provided based on the medical bills and other losses the injured victim is subjected to. The term punitive refers to damages paid by an individual who is responsible for causing the injury based on bad judgment or negligence. In the maritime injury, the same damage options apply, including punitive damages.
The purpose of filing for punitive damages is to hold the responsible party at fault for your injuries. The amount that can be received will vary, with factors such as the nature of the accident and the events surrounding the incident coming in to play.
Punitive damages were not awarded to injured seamen in the maritime injury until 2009. A case in the Supreme Court known as Atlantic Sounding Co. V. Townsend helped to turn the tide on how compensation was awarded in the maritime industry. The case helped to establish that punitive damages are allowed under general maritime laws, but there are no defined rules based on such damages. Thus, you need an experienced maritime injury attorney by your side to ensure you receive the compensation you so justly deserve.
Consideration of Negligence
When we review your personal injury case as a seaman, we will be looking at your injury and the cause of the injury. Were you put in harm’s way due to someone else’s negligence? Was the ship in proper working order or maintained as it should be to create a safe work environment? We must work to determine the cause of your injury and who is at fault. Once we determine that negligence is at play, we can then file a claim for compensation and work on proving your case.
It is important that all the facts are gathered and an experienced attorney works on your case so that it is presented well in court. You want to win compensation to help pay for damages suffered due to the injury, as well as hold the individual responsible for your injury. Whether it be your employer or the shipowner, it is important to hold individuals accountable so that others are not injured in the future.
When you have been injured while employed in the maritime industry, contact our team of personal injury attorneys. We can assist in providing you with insight into compensation claims and help you file based on your individual case.